Sunday, September 27, 2020
EEOC Issues Updated COVID-19 Guidance Addressing Antibody Testing

EEOC Issues Updated COVID-19 Guidance Addressing Antibody Testing

The U.S. Equal Employment Opportunity Commission (EEOC) on June 17, 2020 posted an updated and expanded technical assistance publication addressing questions arising under the federal equal employment opportunity laws related to the COVID-19 pandemic.  

The new question added to the publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” explains that in view of current CDC Interim Guidelines, the ADA presently does not allow employers to require antibody testing before allowing employees to re-enter the workplace. This information is provided in Q&A A.7. 

An antibody test is different from a test to determine if someone has an active case of COVID-19 (i.e., a viral test).  The EEOC has already stated that COVID-19 viral tests may be permissible under the ADA

In response to inquiries from the public, the EEOC has provided resources on its website related to the pandemic in an employment context.